Terms & Condition Acceptance (Consignors)

1. Kleinfelter’s hereby agrees to use it’s professional skills, knowledge, and experience in preparing and conducting the auction The consignor agrees to turn over to Kleinfelter’s the items chosen during a house visit or items dropped off on location at Kleinfelter’s Auction, which are incorporated into this Agreement. Consignor represents and expressly warrants that Consignor has good title and legal rights to sell all items, and that all items are free from liens, claims and encumbrances, including claims of governments and governmental agencies. Consignor warrants that all items are authentic and not counterfeit. Consignor agrees to indemnify, defend and hold harmless Kleinfelter’s and any Buyer of Consignor’s items, against any and all claims, actions, damages, liabilities, and expenses (including reasonable attorney’s fees) by any and all parties related to items placed with or sold at auction by Kleinfelter’s Auction.

2. Consignor shall pay all costs related to the delivery of items to Kleinfelter’s. After contract of the items, the Consignor agrees not to sell the items personally or withdraw the items from auction without the consent of Kleinfelter’s Auction. Should Kleinfelter’s agree to remove items from auction, Kleinfelter’s will receive, from Consignor, all costs incurred with pickup fees, handling and marketing. Kleinfelter’s may remove any item from auction for any reason and return it to the Consignor.

3. It is mutually agreed that all items will be sold to the highest bidder which is determined by the Auctioneer. Consignor agrees to allow Kleinfelter’s to accept and execute absentee bids in a competitive manner for potential buyers. Kleinfelter’s will deposit all proceeds from sales at auction to an Escrow account which Consignors will be paid from. Kleinfelter’s may distribute from this account at the sale conclusion all commissions, buyer’s premiums, and expenses associated with auction of Consignor’s items. Kleinfelter’s may deduct it’s commission irrespective of the Buyer’s premium on the gross sales form the auction. Kleinfelter’s agrees to provide sales records and pay net proceeds and mail out checks thirty (30) days following the sale of the consignors items unless that date falls on a holiday whereas the business would be closed, then the sales records and net proceeds will be provided the following business day. Obligation of Kleinfelter’s to pay net proceeds is subject to the receipt of good funds from the Buyer. If Kleinfelter’s does not receive payment from the Buyer, no payment shall be due to the Consignor from Kleinfelter’s. Any unsold or unpaid for item may be re-consigned to a future auction or disposed of at Kleinfelter’s discretion. Consignor is responsible for any costs associated with the return of any item. Kleinfelter’s may postpone an auction for any reason. Kleinfelter’s will not be liable to Consignor for any errors in marketing, advertising or damage to the items once in the possession of Kleinfelter’s Auction either at a pickup or in the Auction house. Kleinfelter’s has sole and absolute discretion as it relates to the items, before and after the auction, for display, marketing and promotion, conduct of auction, and dates of auction.

4. Kleinfelter’s makes no warranties or representations to Consignor with respect to the items including selling price, authenticity, rareness or condition. Kleinfelter’s makes no guarantee as to whether the item will sell, or the amount of its final selling price.

5. Reserve Fee- A minimum of 10% of the Reserve will be charged to the Consignor on any items not meeting a reserve.

6. Consignors of National Firearms Act (NFA) registered items retain actual ownership rights to the items after approval of transfer by Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) and after physical transfer to Kleinfelter’s. Actual ownership title of NFA items passes to buyer after Kleinfelter’s receives full payment and cleared background check.

7. I hereby understand and agree that any controversy or claim arising out of or relating to Kleinfelter’s Sales Agreement, which this provision (hereafter referred to as “Agreement),” Kleinfelter’s, or the breach thereof (hereafter referred to as “Claims),” shall be governed by and construed in accordance with the laws of the State of Pennsylvania , without regard to its conflict of law provisions. I hereby irrevocably submit to the personal jurisdiction of the appropriate court in Lebanon County, Pennsylvania in any action or proceeding arising out of or relating to the Claims and their enforcement, and I agree that any and all Claims must be adjudicated, heard, determined, and resolved in said court, and I hereby irrevocably waive any objection on the ground that any such action or proceeding in said court has been brought in an inconvenient forum. Kleinfelter’s failure to exercise or enforce any right or provision of this Agreement or any other legal rights, shall not constitute a waiver of such right or provision.Any waiver of any provision of this Agreement by Kleinfelter’s must be in writing and signed by an authorized representative of Kleinfelter’s specifically referencing the provision(s) contained within this Agreement to be waived. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Agreement shall remain in full force and effect. This Agreement will inure to the benefit of, and are intended to be, enforceable by Kleinfelter’s , its parents subsidiaries, affiliates, successors, assigns, members, directors, officers and licensees. There are no third party beneficiaries to this Agreement; a person or entity who is not a party or signatory to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term or provision of this Agreement.

8. In witness whereof, and intending to be legally bound hereby, the parties have executed this Agreement on the date set forth here.

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